Smarter Media LLC (hereinafter "The Company," "We," or "Us") operates thats-so-me.com and other websites. We respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, thats-so-me.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. thats-so-me.com's purpose in collecting non-personally identifying information is to better understand how thats-so-me.com visitors use its website. From time to time, thats-so-me.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
thats-so-me.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on thats-so-me.com blogs/sites. thats-so-me.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Some visitors to thats-so-me.com choose to interact with our website in ways that require us to gather personally-identifying information. The amount and type of information we collect depends on the nature of the interaction. For example, we ask visitors who create an account on our site to provide a username and email address. Those who engage in transactions with us are asked to provide additional information, including the personal and financial information required to process those transactions. We only collect the information necessary or appropriate to fulfill the visitor's purpose when interacting with our site. We do not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
We may collect statistics about the behavior of visitors to our websites, and we may display this information publicly or provide it to others. But we don't disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
thats-so-me.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on thats-so-me.com's behalf or to provide services available at thats-so-me.com website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using thats-so-me.com websites, you consent to the transfer of such information to them. thats-so-me.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, thats-so-me.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when thats-so-me.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of thats-so-me.com, third parties or the public at large. If you are a registered user of thats-so-me.com website and have supplied your email address, thats-so-me.com may occasionally email you to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with thats-so-me.com and our products. If you send us a request (for example via email or one of our other feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. thats-so-me.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If thats-so-me.com, or substantially all of its assets, were acquired, or in the unlikely event that thats-so-me.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of thats-so-me.com may continue to use your personal information as set forth in this policy.
Last Updated: 8/10/2022
Terms of Service
Summary: Please read these terms very carefully - they form a binding Agreement between you and Smarter Media LLC regarding the use of our services and website, Thats-so-me.com. At the beginning of each Section, you'll find a short summary - these summaries do not replace or represent the full text.
The following terms and conditions constitute a legally binding contract ("Agreement") between you (“you,” “your,” “User” or “Customer”) and Smarter Media LLC (“we,” “our,” “us,” “The Company” or “Smarter Media”) regarding the use of our services (the “Services”) and website Thats-so-me.com (the “Site”), where you can purchase products (“Products”) that are printed and shipped to you by us directly or by one of our fulfillment partners
1. Access & Membership
Summary: You need to be of legal age to use our Site, and you're fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.
In order to enjoy all of our Site’s benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you must provide your first name, last name, email address and password. You may never use another User's account without express written permission from that User. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses and the losses of others due to such unauthorized use.
We may change, suspend or discontinue the Services, Products, fees, charges, and/or terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users or the United Kingdom which we have already confirmed. We may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to us that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to us that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Summary: We reserve the right to modify our terms, services, and fees without notice. Please check the policy pages on our Site for the latest updates to our policies.
Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which we have already confirmed, we reserve the right, at our sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after we posts them on the Site. You are responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after we post policy modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must email us to request deletion of your account. Your account will be deleted within 7 days after we receive you request.
Summary: We respect intellectual property rights and ask you to do the same. Anything you upload will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the Site.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use (hereinafter "post") using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your images, customer reviews, comments, videos, etc.).
1. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or submit through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on Products you purchase from us. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by us or our fulfillment partners.
2. Permission to Use the Content. We agree that any Content that you post or design you submit using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
3. Rights You Grant Us. By posting your Content or submitting a design, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote our store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
4. Reporting Unauthorized Content. We respect intellectual property rights and follow intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
5. Intellectual Property. We respect your work and empower you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to our Site or submit for printing, or have the express authority to post or submit it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.
6. Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. We will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. We reserve the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement, we strive to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When we remove, block or disable access in response to such a notice, we makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
1. DMCA Cooperation: Our copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, our policies and procedures may likewise change in accordance with the DMCA requirements and obligations of service providers.
2. Counter DMCA Notifications: If we receive a DMCA counter notification, we will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs us of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at our sole discretion.
3. Repeat Infringement: We may, at our sole discretion, terminate account privileges of Members that infringe on others’ intellectual property, especially if it occurs repeatedly.
7. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post or submit, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post or submit your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
8. Inappropriate, False, or Misleading Content. There are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post or submit any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive. We reserve the right to refuse to produce or cancel any orders with such Content, and/or to delete your account and not provide Products or Services to you in the future, at our sole discretion.
4. Use of Services
Summary: By using our Site, you agree to use our Services according to our terms and to respect the rights of our brand name, trademark, and digital items. If we need to contact you, we'll reach out to you via email.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or to us. For example, it’s your responsibility to obtain any licenses needed for Content you post or submit for printing; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another User, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer our Products to countries or territories that are the target of comprehensive embargoes or sanctions or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Oh Yes I Need That! or any other Smarter Media Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Smarter Media Parties”: (a) Smarter Media, (b) Our subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Smarter Media and its subsidiaries, affiliated companies, and joint ventures.
2. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems we or our customers may use. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Smarter Media Party or expose any of them to liability. You agree that we reserve the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at our sole discretion.
3. Follow Brand Guidelines. The name “That's So Me!”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Smarter Media in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, we do not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by us that we provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). We reserve the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
4. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to us (not including your Content or your custom designs submitted for printing) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
5. Communication Methods. We will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
Smarter Media LLC
PO Box 24043
Cincinnati, OH 45224
6. Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to us. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of our Products and may not be used for other purposes or in conjunction with products from other companies. If we provide the possibility for Users to modify or customize any Digital Items, you will ensure that the Content used to modify such Digital Items will comply with the intellectual property laws and our Acceptable Content guidelines.
5. Content and Services
Summary: For Merchants (those purchasing items for resale in their own stores or by their own company) - you are responsible for communicating with your customers and handling any claims they might have. We provide the best service we can on an "as is" basis, and please be aware that it may have errors and interruptions.
1. Items Your Customers Purchase Through Our Sites. You understand that we cannot and do not make any warranties about your Content, stores, or what you sell to your Customer that we may produce or warehouse. Any legal claim related to a Product your Customers purchase from you must be brought directly against you as the seller of the Product. You release us from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are produced or warehoused for you by us.
2. Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
4. Services. We are dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
1. the Services will be secure or available at any particular time or location – We shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. We shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at.
2. any errors for which we are responsible will be corrected;
3. the Services will always be free of viruses or other harmful materials; or
4. the results of using the Services will meet your expectations.
You use the Services solely at your own risk.
5. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SMARTER MEDIA NOR ANY OTHER SMARTER MEDIA PARTY SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES THAT MAY APPLY TO YOU. THE LIABILITY OF THE SMARTER MEDIA PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Summary: Please read this section very carefully—it covers our obligations and responsibilities for our Services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.
Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).
1. Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
2. Who May Use This Warranty? We extend the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
3. What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
1. What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). (In some jurisdictions, the User may be entitled to a longer Warranty Period – if so, this limit may not apply to you.)
2. What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
3. How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by us in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
4. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR , LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
Summary: If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.
If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the Product to be repaired or replaced under this clause shall be borne by us, as well as any costs related to the delivery to you of the repaired or replaced Product.
The Products we supply to you are: (1) made to your specification and are clearly personalized with your designs; and may also be (2) sealed for health protection or hygiene reasons, or both. You do not, therefore, have the right to cancel your order or change your mind as set out in our Return Policy.
8. Responsibility of Site members and visitors
Summary: When using our services, it's your responsibility to follow our policies. If you violate our policies, we might restrict or even terminate your access to our services.
Violation of this Agreement or any other rules will result in the termination of your account with us.
We and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, we and our designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in any of our collaborations, posts and in all other parts of our Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time. You are responsible for providing us with accurate and truthful information (including but not limited to your first name and last name if you are a User or retail price if you are a Merchant). If you have provided us with inaccurate or false information, (a) you shall be liable to us for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to us, and (c) we shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
Summary: To pay for our services, you need a valid payment method (e.g. a credit card or PayPal account) that you're authorized to use. All fees will be charged to your payment method. Note: You might need to reimburse us for any chargeback fees for returns that aren't in line with our policies.
You may choose to save your billing information to use it for all future orders and charges associated with our Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse us for damages resulting from such unauthorized use.
With regard to payment methods, you represent to us that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return which does not comply with our return policies (which are described here), you will reimburse us for our losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party for refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
We, at our sole discretion, may offer you various discounts, and we may change, suspend or discontinue them at any time, without prior notice. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels we may use or events we may participate in.
Summary: Whether you’re a customer or a merchant, you are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
Aside from the limited circumstances set out below, merchants are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, we may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Summary: Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case, we will not make any refunds and will not resend the Product. For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with our Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to our investigation and sole discretion in determining the appropriate resolution.
12. Description of products
Summary: We strive to make our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing process won't result in damage. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus we reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. We of course won’t knowingly ship damaged items to you (or, if you’re a Merchant, your Customers), but these damaged items can still be used for charitable purposes. We reserve the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
Merchants: If a Product you ordered goes out of stock and you have not opted-out of Product alternatives, the most appropriate alternative Product – the one which will best avoid fulfillment delays -- might be substituted at our discretion and without any express notification. If we can’t find a comparable replacement, or you have opted out of Product alternatives, you will have to wait for the original Product to be restocked for the order to be fulfilled. If the Product alternative costs more than the original Product being substituted for, we will charge the price you paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can let us know when we’re setting up your account, or you can notify us by email at any time. Unless you have opted-out of Product alternatives, you are solely responsible for informing your Customers that a Product alternative will be substituted for the Product originally ordered.
13. Purchase of products
Summary: Make sure you submit accurate information – especially the shipping address – at checkout. We’re not responsible for missed deliveries due to incorrect shipping information.
Your order is purchase of a Product, for which you have paid the applicable fee and/or other charges, that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any order or individual item or items in any order, in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it’s your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address with postal code or zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or phone number. If you need to make a change in the delivery address, phone number or any other order information, please contact us immediately – we will do our best to make corrections when we can, but orders are fast-tracked into processing when received, so we often can’t make any changes once an order is submitted. It’s best to get the information right when you place the order.
We reserve the right to place your order on hold due to print file issues, security concerns, for address confirmation, or for other reasons. If your order is placed on hold, we’ll let you know why and what we need, and you’ll have 30 days to resolve the issue or cancel the order. If the issue is not resolved in 30 days and you haven’t cancelled the order, we’ll cancel it.
Note: Cancelled orders can only be refunded if work on them has not yet started. Once an order is in production, no refunds are available unless the items are defective when received. For more information, see our Refund Policy.
Summary: We typically provide delivery estimates, but we can't provide guaranteed delivery dates. Once we receive payment for your order (including delivery fees), we fulfill the order and pass it on to the carrier for shipment. Once the carrier has it, you (or, if you’re a Merchant, your Customer) legally become the owner of the Product(s).
Unless you’re notified otherwise when you place your order, you are responsible for delivery costs. Delivery prices are in addition to the Product price and may vary depending on delivery location and/or the type(s) of Products; additional charges may apply for remote or difficult-to-access locations that require special attention.
Note: Expected delivery charges are shown at checkout, but we reserve the right to advise you of and add on any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates, and to the extent permitted by law we accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. An estimated date for delivery may be shown on the Site, but it is only an estimation - some deliveries may take longer; others may arrive faster. Estimated delivery dates provided when you place your order and when we confirm it are subject to change – we’ll do our best to notify you if we learn there may be a delay.
Ownership of the Products will only pass to you (or, if you’re a Merchant, your Customer) after we: 1) receive full payment of all funds due for the Product(s), including delivery charges and taxes; and 2) deliver the Product(s) to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
To the fullest extent permitted by law you release us and all other Smarter Media Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Smarter Media Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by us (or for which we provide no guarantees) under this Agreement, or (b) for which we are otherwise indemnified or released by you under this Agreement.
Summary: We are not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties, misuse our Services or infringe on someone else’s intellectual property and the violation or breach results in legal action (Merchants: this also includes misrepresentations made by you and any product liability claims).
To the fullest extent permitted by law you will defend, indemnify, and hold us and the other Smarter Media Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Smarter Media Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to Products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by us. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
17. Governing Law
Summary: If any dispute arises between us we'll apply the laws of the State of Ohio, USA to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we'll follow the laws of the Republic of Latvia.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of Ohio, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area, Switzerland, or the United Kingdom, the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
18. ARBITRATION AND JURY TRIAL WAIVER
Summary: Any legal dispute involving our services (except for situations defined below) will be resolved by arbitration according to the rules in this Section. By using our services, you waive any rights to a jury trial or class action.
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area, Switzerland, or Users in the United Kingdom against us in the European Economic Area or in the courts of England and Wales. All Disputes will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules” or “The Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Smarter Media and you agree otherwise, any arbitration hearings will take place in Hamilton County, Ohio, USA. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Smarter Media acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Smarter Media agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SMARTER MEDIA KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND SMARTER MEDIA WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND SMARTER MEDIA KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Smarter Media shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
If you are a Merchant and provide us with your Customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
Summary: Using our services doesn't make you an agent, partner or employee of Smarter Media. We're not responsible for any violations of these terms for circumstances beyond our reasonable control. If you have any questions about our Terms of Service, please contact us at email@example.com.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
Merchants: You represent that you have all necessary permits to grant us your Customers’ personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We, at our own discretion, reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then we will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at firstname.lastname@example.org.
Last Updated: 8/10/2022
Return policy: 30-Day Return Policy for Defective Items Only
We want you to love your purchase - we work hard to make things that make you happy!
We offer a 100% quality guarantee - if it doesn't meet our quality standards, we'll gladly send a replacement or issue a refund, with our heartfelt apologies. We hate to disappoint, and we'll absolutely make it right.
But... because all of our items are made-to-order, we can only offer returns for items that are defective - that don't meet our quality standards as to manufacturing or print quality.
We are unable to offer exchanges (for size or any other reason), or returns for items ordered in error. So please be sure you really want it. And double-check sizes with our sizing guide - and the item details in the description - before ordering.
Gift cards and downloadable software products are not returnable - all sales are final.
We have a 30-day return policy - you have 30 days from the date you receive your item to request a return if it's defective. Please inspect your order on receipt and let us know right away if there's a problem.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, email us at email@example.com. Describe the issue and send us photos so we can clearly see the problem. We'll reply with instructions on how to proceed.
Items sent back to us without first requesting a return will not be accepted. Please do not send your purchase back to the manufacturer; returns sent to the manufacturer, and packages that are "Refused," or 'Returned to Sender' will not be refunded.
That's so me! is not responsible for replacing orders that have incorrect ‘ship to’ or other incorrect information entered by the customer, so please review your order carefully and verify your shipping address before you submit it. Orders that are undeliverable because of incorrect information entered by the customer are not eligible for refund.
Have questions about a return? Didn't receive your order? Contact us at firstname.lastname@example.org.
Once your return has been received and approved, a credit will be issued to the original method of payment on the order (We're unable to issue refunds to any other method of payment.)
Please allow 5-7 days bank processing time for funds to land back in your account.
If you have questions about the status of a refund, contact us at email@example.com.
We reserve the right to change our return policy without notice.
Last Updated: 8/10/2022
Shipping & Delivery
• How long will it take for my order to ship?
Orders typically ship within 3 to 7 business days. During peak holiday seasons, pandemics or severe inclement weather, it may take up to 20 days.
• How long will it take for my order to arrive?
Orders shipped within the USA will typically arrive within 8-15 business days after they ship. During peak holiday seasons, pandemics, or severe inclement weather, delivery within the USA may take up to 30 business days (note that ‘business days’ excludes weekends and holidays). We’ll provide a link in your confirmation email so you can easily check the status of your order at any time.
International orders (outside of the USA) may take up to 4-6 weeks to arrive. During peak holiday times, pandemics or when there is severe inclement weather, items may take up to 10 weeks to arrive.
• Why haven't I received my package?
Please look up the tracking number you received when your order shipped on the carrier's website. If your order status shows "Delivered" and you did not receive the shipment, please follow up with the carrier listed on your order status page - thats-so-me.com is not responsible for lost or stolen packages.
Please also note that order tracking information may not be up-to-date on orders outside of the USA. According to FedEx, "FedEx International Mail Service provides an additional level of visibility to your economical international shipping, however this is not a tracking process. As FedEx hands your package off to a local postal authority, there can be a lag time of 2—5 days where your package is not visible. Not every country scans their packages or performs a full set of scans. FedEx is not responsible for packages once they have been handed off to the local postal authority."
• What happens if my order is 'refused' or 'returned to sender'?
Please do not refuse shipment, attempt to return it to sender or send your purchase back to the manufacturer; returns sent to the manufacturer, and packages that are "Refused," or 'Returned to Sender' will not be accepted or refunded. This includes shipments that were undeliverable due to customer error in entering the shipping address.
If you have questions about our Shipping Policy or need help on the status of an order, please email firstname.lastname@example.org for assistance.
Last updated: 8/10/2022